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On Saturday, the CJI RanjanGogoisaid that the judges do consult the Bar and even though the process is not formalizes on appointment of judges, the Bar is always taken into reckoning. Disagreeing with the suggestion of the Bar Council of India for lifting a 16-year-old ban on strikes by lawyers, the CJI wondered why there was a need for a strike at all.
Justice Gogoi’s response came after the Bar Council of India chairman, Manan Kumar Mishra, raised the issue of lifting the ban at a BCI event organized to felicitate the new CJI. Echoing his views, Justice Arun Mishra reminded the lawyers that their absence in court will have an effect on people’s liberty and deny many of their rights.Justice Mishra also said that the strikes of the Bar could only be supported in exceptional cases wherein the democracy is in danger or for saving the judicial system.
Demanding lifting of the ban, the BCI Chairman claimed that shutting the mouth of lawyers will destroy the very democratic setup of the country. Justice N V Ramana and Justice Mohan M Shantanagoudar, both top court judges, were also present on the occasion.
In a 2002 judgement, in Ex-Capt. Harish Uppal vs Union Of India &Anr, an 3 judge apex court bench held that the lawyers have no right to go on strike or give a call for boycott, not even a token strike.
While exressing concern over the issue of large number of undertrials in the country,Justice Gogoi said that the figure of undertrials in the country are very disturbing and added that a large segment of the country’s young population is in jail. 67% of the prison population areundertrials, out of which 47% are between the age of 18 and 30. Out of this 67%, 66% belong to the Scheduled Caste and 71% are below Class 10 and 28% are illiterates. While, a large number of lawyers are doing legal aid for very small remuneration, the quality of legal aid needs improving.
On the issue of pendency of cases, the CJI said that there is a mutual feeling amongst all of us that the number of cases coming into courts is huge. He also emphasized on the role of Bar Council. Voicing a concern over the state of legal education in the country and he said that the BCI, being the regulator, has to keep in focus the quality of legal education.Justice Mishra also raised concern over the issue and asked the BCI to keep a check on the law colleges mushrooming in the country.
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